GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

THE  MAHARASHTRA  ACT  No.  XLII
OF 1983.

THE  MUMBAI  METROPOLITAN  REGION
SPECIFIED  COMMODITIES  MARKETS
(REGULATION  OF  LOCATION)  ACT,  1983.

  (As  modified  upto  the  25th  April  2013  )

*

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1983 : Mah. XLII]

(i)

THE  MUMBAI  METROPOLITAN  REGION  SPECIFIED  COMMODITIES
MARKETS  (REGULATION  OF  LOCATION) ACT, 1983
-------------

PREAMBLE.

SECTIONS.

CONTENTS

CHAPTER  I
PRELIMINARY

Short title, extent, commencement and application.

1.
2. Definitions.

CHAPTER  II

DECLARATION OF  MARKET  AREA  AND  MARKET  YARDS  AND  PROHIBITION
OF  CARRYING  TRADE  AT UNAUTHORISED  PLACES

3. Declaration of market area and market yards.
4. Constitution of first market committee.
5. Registration of persons lawfully engaged in specified trade.
6. Market committee to provide alternative trading facilities to registered persons

in market yards.

7.

Prohibition  on  carrying  on  specified  trade  in  any  market  area  of  market  yard

without a licence.

CHAPTER  III

CONSTITUTION OF  MARKET  COMMITTEES

8. Establishment of market committees.
9. Constitution of market committee.

10. Regulations of holding elections of members.
11.
12. Disputes in respect of election of nomination of members including Chairman and

Publication of names of members.

Vice-Chairman.

13. Term of office of members of committee.
14. Registration of members.
15. Removal of members.
16. Casual vacancies.
17. Members to vacate office on expiry of term and appointment of administrator.
18. Election of  Chairman and  Vice-Chairman.
19. Term of office of  Chairman and  Vice-Chairman.
20. Honorarium  to  Chairman and  Vice-Chairman.
21. Election to  Chairman and  Vice-Chairman.
22. Registration of  Chairman and  Vice-Chairman.
23. Removal of Chairman and  Vice-Chairman.

(ii)

SECTIONS.

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

24. Casual vacancies in office of Chairman and Vice-Chairman.
25. Chairman and Vice-Chairman to hand over charge of their respective offices and

consequences of refusal to hand over charge .

26. Constitution of standing committee.
27. Appointment of sub-committees.
28.
Powers, functions, etc., of the standing committee and sub-committee.
29. Delegation of powers of committee to standing committee or sub-committee.
30. Meetings and conduct of business at meetings.
31. Members  to  act  during  vacancy,  acts  of  committee,  etc.,  not  to  be  invalidated

by informalities.

CHAPTER  IV
POWERS AND  DUTIES OF  MARKET  COMMITTEE

Powers and duties of committee.

32.
33. Grant of licence to be regulated by by-laws.
34.
35.
36. Transfer of immovable property of committee by the licensee.
37. Execution of contracts.

Power of committee to levy fees.
Provision regarding transfer of immovable property of committee.

CHAPTER  V
MARKET  FUND,  FINANCE, ACCOUNTS AND AUDIT, ETC.

Purposes for which Market Fund to be expended.

38. Market Fund, its custody and investment.
39.
40. Constitution of special funds.
Power to borrow.
41.
42. Accounts and Audit.
43. Budget.
44. Reappropriation of budget provisions.
45. Application of property, funds, etc.
46. Annual report.

CHAPTER  VI
ACQUISITION OF  LAND

47. Application of the provisons of Chapter VIII of Mah. IV of 1975.

CHAPTER  VII
OFFICERS AND   SERVANTS OF A  MARKET  COMMITTEE

Powers and duties of the Chief Executive Officer.

48. Appointment of Chief Executive Officer.
49.
50. Appointment of other officers and servants.
51. Conditions of service of officers and servants to be regulated by by-laws.

1983 : Mah. XLII]

SECTIONS.

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

(iii)

CHAPTER  VIII

CONTROL

Inspection, enquiry, submission of statements, etc.

52.
53. Duty  of  officer,  servant  or  member  to  furnish  information  to  Metropolitan

Commissioner, etc.

Seizure of account books and other documents, etc.
Supersession of market committee.

54.
55.
56. Appointment of Administrator.
57.
Powers of Administrator.
58. Re-establishment of committee.

CHAPTER  IX

APPEALS  AND  REVISION

Power of State Government to call for record of any case.
Finality of order.

59. Appeals.
60. Non-appealable orders.
61.
62.
63. Bar of jurisdiction.
64. Offences and penalties.
65. Offence by companies.
66. Cognizance and trial of offences.
67. Compounding of offences.

CHAPTER  X

RULES AND BY-LAWS

68.
69.

Power to make rules.
Power of committee to make by-laws.

CHAPTER  XI

MISCELLANEOUS

70.

Power of State Government to amend Schedule.

71. Chairman, Vice-Chairman, members, Chief Executive Officer and other officers

and servants of committee to be public servants.

72.

Protection of action taken in good faith.

73. Recovery of sums due to Government or committee.

74.

Power to delegate.

75. Non-applicability of Bom. LVII of 1947.

76. Removal of difficulties.

SCHEDULE.

Mah.
IV  of
1975.

Mah.
XX  of
1964.

MAHARASHTRA ACT  No.  XLII  OF  1983 1
[THE  MUMBAI METROPOLITAN REGION SPECIFIED COMMODITIES MARKETS
(REGULATION OF LOCATION) ACT, 1983.]
[This Act received the assent of the President on 22nd November, 1983; assent was first
published in the Maharashtra Government Gazette on the 2nd December 1983]
Amended by Mah. 25 of 1996 (4-9-1996)*

1

An Act to regulate location of market areas and wholesale markets in respect of speci-
fied commodities in the 2[Mumbai Metropolitan Region] and to established  market com-
mittees to manage and  control different markets established in different market areas
for different commodities and to provide for matters connected therewith or supplemental
or incidental thereto.

WHEREAS, 3[the Mumbai Metropolitan Region Development Authority] has been
established under 4[the Mumbai Metropolitan Region Development Authority Act, 1974]
for the purpose of planning, co-ordinating and supervising the proper, orderly and rapid
development of the areas in the Bombay Metropolitian Region ;

AND WHEREAS, with the fast growth of population and commercial activities, the
congestion and consequent traffic, accommodation and other problems in 5[Brihan Mumbai]
and particularly in 6[South Mumbai] have been increasing enormously and therefore the
State Government has accepted the policy to decongest the old island City and to shift as
many commercial activities as possible to place outside 6[South Mumbai] for achieving the
objectives for which the Metropolitan Authority is established;

AND WHEREAS, with a view to relieving some of the congestion, steps are being taken
under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, to shift
wholesale markets for some of the agricultural produce like onions and potatoes to 7[Navi
Mumbai] ;

AND WHEREAS, necessity is increasingly felt to locate or relocate wholesale markets
for some of the non-agricultural products also  like textile and iron and steel immediately
and for other commodities as soon as possible ;

AND WHEREAS, at present there is no provision of law available to enable the State
Government, the Metropolitan Authority or any local authority to take any appropriate
steps  for establishing or shifting such markets to other localities ;

AND WHEREAS, it is therefore, necessary to enact a law immediately to regulate the
location of market areas and wholesale markets in respect of commodities specified, from
time to time, under such law and establish market committees to manage and control different
markets established for different commodities in different market areas and to provide for
matters connected therewith or supplemental or incidental thereto ; it is hereby enacted in
the Thrity-fourth year of the Republic of India as follows :—

CHAPTER  I
PRELIMINARY

1.

(1)  This  Act  may  be  called 8[the Mumbai  Metropolitan  Region  Specified

Commodities Markets (Regulation of Location) Act, 1983].

Mah.
IV  of
1975.

(2) It shall extend to  all the areas for the time being comprised in 9[the Mumbai
Metropolitan Region]  as defined in 10[the Mumbai Metropolitan Region Development
Authority Act, 1974].

Short  title,
extent,
commence-
ment  and
application.

1.  For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette, Extraordinary,

Part V,  dated  the  4th  July,  1983,  at  pages  254-256.

2.  These  words  were  substituted  for  the  words  “the  Bombay  Metropolitan  Region”  by  Mah.  25

of    1996,  s.  1.

3. These  words  were  substituted  for  the  words  “the  Bombay  Metropolitan  Region  Development

Authority”,

ibid.,  s. 2(a)(i).

4.  These  words  and  figures  were  substituted  for  the  words  and  figures  “the  Bombay  Metropolitan

Region  Development  Authority  Act,  1974”,

ibid.,  s. 2(a)(ii).

5.  These  words  were  substituted  for  the  words  “Greater  Bombay”,
6.  These  words  were  substituted  for  the  words  “South  Bombay”,
7.  These  words  were  substituted  for  the  words  “New  Bombay”,
8.  These  words,  brackets  and  figures  were  substituted  for  the  words,  brackets  and  figures  “the
Bombay  Metropolitan  Region  Specified  Commodities  Markets  (Regulation  of  Location)  Act,  1983",
ibid  s. 3(a).

ibid.,  s. 2(b)(i).
ibid.,  s. 2(b)(ii).

ibid.,  s. 2(c).

9.  These  words  were  substituted  for  the  words  “the  Bombay  Metropolitan  Region”, ibid.,  s. 3(b)(i).
10.  These  words  and  figures  were  substituted  for  the  words  and  figures  “the  Bombay  Metropolitan

Region  Development  Authority  Act,  1974",

ibid.,  s. 3(b)(ii).

*  This  indicates  the  date  of  commencement  of  the  Act.

Definitions.

2

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

(3) It shall come into force in 1[Brihan Mumbai] at once. It shall come into force in any
other area in the Bombay Metropolitan Region on such date *as the  State Government
may, by notification in the Official Gazette, appoint ; and different dates may be appointed
for different areas.

(4) (a) It applies in the first instance in 2[Brihan Mumbai] to the two commodities that is

to say, (1) textiles, and (2) iron and steel, which are specified in the Schedule.

(b) The State Government may, either suo moto or on a request being made by the
Metropolitan Authority, by notification in the Official Gazette, amend the Schedule under
section 70 by inserting therein any other commodity and may by the same notification
or by like notification declare that this Act shall apply in any area to any commodity
(whether already included or newly included in the Schedule) from such date as may be
specified in such notification and different dates may be specified for different areas and
for different commodities.
2.

In this Act, unless the context otherwise requires,—

(1) "Authority" or "Metropolitan Authority" means 3[the  Mumbai Metropolitan Region
Development Authority] established  under 4[the  Mumbai  Metropolitan Region
Development Authority Act, 1974] ;

(2) ‘‘by-laws" means the by-laws made by a market committee under this Act;
(3) “Chief Executive Officer” means  the Chief Executive Officer of the market

committee concerned;

(4) “committee”  or "market committee" means the committee constituted in any

market area for any specified commodity;

(5) “commodity”  or "specified commodity" means, any commodity for the time being

specified in the Schedule ;

(6) “market” means any principal market established in any market area for any

specified commodity, and includes a subsidiary market ;

(7) “market area” means any area declared under section 3 as market area for any

specified commodity;

Mah.
IV  of
1975.

(8) “market yard” means any area declared under section 3 to be a market yard of any

market, and includes a sub-market  yard ;

(9) “Metropolitan Commissioner” means the Metropolitan Commissioner appointed

under 5[the Mumbai] Metropolitan Region Development Authority Act, 1974] ;

(10) “prescribed” means prescribed by rules ;
(11) “register” means the register prepared and maintained under section 5;
(12) “registered trader” means a person whose name is, for the time being registered in

Mah.
IV  of
1975.

the register for the respective trade ;

(13) “regulations” means regulations made under section 10 ;
(14) "rules" means rules made by the State Government under this Act ;
(15) "sale" with its grammatical variations and cognate expressions, means a sale of
any commodity by one person to another for cash or for deferred payment or for any
other valuable consideration, and includes a transfer of any commodity on the hire-
purchase or other system of payment of price by instalments or a sale by an agent on
behalf of another person for commission or other consideration ;
(16) "Schedule" means the Schedule appended to this Act ;
(17) "specified trade" means the wholesale trade in a specified commodity ;

1.  These  words  were  substituted  for  the  words  “Greater  Bombay”  by  the  Mah.  25  of  1996,  Sch.  3(c).
2.  These  words  were  substituted  for  the  words  “Greater  Bombay”, ibid.,  Sch.,  3(d).
3.  These  words were substituted  for  the  words  “the Bombay  Metropolitan  Region  Development

Authority”, ibid.,  Sch., 4(a)(i).

4.  These  words  were  substituted  for  the  words  and  figures  “the Bombay  Metropolitan  Region

Development  Authority  Act,  1974,” ibid.,  Sch., 4(a)(ii).

5.  These  words and  figures were  substituted  for  the  words  and  figures  “the Bombay  Metropolitan

Region  Development  Authority  Act,  1974,” ibid.,  Sch., 4(b).

Mah.
IV  of
1975.

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

3

(18) "wholesale trade" means sale or purchase of any commodity for purposes other
than direct consumption or use by the purchaser, and shall include holding of stocks or
warehousing of the specified commodity at any place in the market area or in any market
yard for such trade ; and any such seller, buyer, holder of stock or warehouse-keeper
shall be deemed to be "a wholesale trader" ;

(19) words and expressions used in this Act, not defined herein, shall have the meanings
assigned to them in 1[the Mumbai Metropolitan Region Development Authority Act, 1974].

CHAPTER  II
DECLARATION OF MARKET  AREA  AND  MARKET  YARDS AND  PROHIBITION OF
CARRYING  TRADE AT  UNAUTHORISED  PLACES

3. (1) On the recommendation of the Metropolitan Commissioner, the Metropolitan
Authority may, by notification in the Official Gazette, declared any area in the Metropolitan
Region described in the notification to be the market area in respect of any specified
commodity and shall by the same or by a separate notification specify one or more market
yards and sub-market yards for the market area, which may, if necessary, be located outside
the market area.

(2) Before making any recommendation for issue of any notification under sub-section
(1), the Metropolitan Commissoner shall cause to be published in the Official Gazette, and
in at least two newspapers having circulation in the proposed market area, a public notice
of his intention to recommend to the Authority to issue such notification in respect of the
area and the commodities described in such notice and inviting objections or suggestions
in writing in respect of the said intention, within forty days from the date of publication of
the public notice in the Official Gazette. Any objections or suggestions which may be
received by the Metropolitan Commissioner in time shall be taken into consideration by
him, before making his recommendation to the Authority.

(3) A plan showing the boundaries of the market area as declared under sub-section (1)
and the boundaries of the market yards shall be made available for inspection at the office
of the Metropolitan Commissioner and of the market committee and at such other places as
may be notified by him in this behalf.

4. (1) As soon as possible, after any area is declared to be a market area for any commodity
under sub-section (1) of section 3, the State Government shall, by notification in the Official
Gazette, constitute the first market committee therefor which shall consist of a Chairman, a
Vice-Chairman and such number of other members nominated by the State Government as
the State Government may consider necessary.

(2) Every member (including the Chairman and Vice-Chairman) shall hold office for

such period as the State Government may fix in each case.

(3) All  members (including the Chairman and Vice-Chairman) of the first market
committee shall be deemed to vacate office, when the first meeting of the successor market
committee duly constituted under sub-section (1) of section 9 is held, at which a quorum is
present.

Declaration
of  market
area  and
market
yards.

Constitution
of  first
market
committee.

5. (1) As soon as possible, after any area is declared to be a market area for any
commodity, the Chief Executive Officer shall issue a notice and publish it in at least four
newspapers having circulation in the market area, inviting all persons lawfully engaged in
the specified trade to apply in writing to him for registering themselves with the market
committee. Such applications shall be invited within a reasonable  period  as may be specified

Registration
of  persons
lawfully
engaged  in
specified
trade.

1.  These  words and  figures were  substituted  for  the  words  and  figures  “the Bombay  Metropolitan

Region  Development  Authority  Act,  1974”  by  Mah.  25  of  1996, s.  4(c).

4

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

in the notice which shall not be less than fifteen days and shall not be more than forty-five
days, calling upon the applicants to adduce evidence that the applicants have been actively
and lawfully engaged in the specified trade in the area immediately before the date of
notification issued under sub-section (1) of section 3.

(2) Any person other than the person referred to in sub-section (1) intending to carry on
a specified trade in any market yard shall also apply to the Chief Executive Officer for
registering his name with the market committee.

(3) The application for such registration shall be made in such form and shall be
accompained by such documents as the Chief Executive Officer may, with the approval of
the Metropolitan Commissioner, notify. It shall also be accompanied by such fee as may be
laid down by the by-laws.

(4) The Chief Executive Officer shall consider all applications received by him, if he is
satisfied, on making such  further inquiry (if any) as he may deem fit, that any applicants
were actively and lawfully engaged in or intending to carry on the specified trade, he shall
include their names in the register to be maintained by him and inform the applicants
accordingly. Every such registered person shall be eligible to get a licence as provided in
section 33.

(5) If the Chief Executive Officer refuses to register the name of any person who has
applied for the same, he shall communicate his decision in writing with reasons therefor to
such person :

Provided that, no order under this sub-section shall be passed, unless the person concerned

is given a reasonable opportunity to state his case.

(6) If the Chief Executive Officer, on application made to him or on his own motion, is
satisfied, after such inquiry as he thinks fit, that any entry in the register is erroneous or
defective in any particular or should be deleted on the ground that the person concerned
has ceased to carry on the specific trade, he may, after giving a reasonable opportunity of
being heard to the person concerned, amend or delete the entry.

(7) Any person aggrived by any decision of the Chief Executive Officer in regard to the
refusal or registration or amendment or deletion of any entry of his name in the register may
make an appeal in writing to the Metropolitan Commissioner within one month of the receipt
of the communication from the Chief Executive Officer in that regard.

(8) The decision of the Chief Executive Officer in regard to such registration, and where
an appeal is made against it, the decision of the Metropolitan Commissioner, shall be final.

Market
committee  to
provide
alternative
trading
facilities  to
registered
persons  in
market
yards.

6. (1) It shall be incumbent  on the market committee to provide every registered trader
with suitable alternative facilities at such places in the market yard of such nature and size
and on such terms and conditions as the committee may determine, to enable him to carry
on his specified trade in the market yard :

Provided that, if any such person fails to utilise the alternative facilities so provided,
within sixty days from the date of the allotment order made by the committee in that behalf,
the liability of the committee to provide such facilities shall cease

(2) Any registered trader, being aggrieved by any allotment order of the committee, may
appeal to the Metropolitan Commissioner within one month from the date of receipt of
such order, and the order of the Metropolitan Commissioner on such appeal, shall be final :

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

5

Provided that, no order shall be passed by the Metropolitan Commissioner on such
appeal against any registerd trader, without giving him a reasonable opportunity of being
heard.

7. (1) On and after the date specified by the Metropolitan Commissioner, by notification
in the Official Gazette (hereinafter referred to as "the appointed date"), no person shall carry
on the specified trade in any place in the market area, other than in the market yard or sub-
market yard, and except under and in accordance with the conditions of a licence granted
in that behalf under this Act.

(2) Save as otherwise permitted by the Metropolitan Authority, no local authority,
having jurisdiction in the market area, shall, on and after the appointed date, notwithstanding
anything contained in any law for the time being in force, establish, authorise or continue
or allow to be established, authorised or continued any place in the market area as a market
or a  place to carry on the specified trade and any permission or licence already granted by
it shall stand cancelled on the appointed date.

Upon such cancellation of any permission or licence, the holder of such permission or
licence shall not be entitled to claim and receive any compensation, but shall be entitled to
claim and receive such amount towards refund of the fees paid by him as is proportional to
the unexpired period of such permission or licence.

Prohibition
on  carrying
on  specified
trade  in  any
market  area
or  market
yard  without
a  licence.

CHAPTER  III

CONSTITUTION OF  MARKET  COMMITTEES

8. (1) For every market area, there shall be a market committee. Every market committee
shall be a body corporate by the name of "The (name of area and commodities) Market
Committee" as may be decided by the Metropolitan Authority. Every committee shall have
perpetual succession and a common seal, and may by its corporate name sue and be sued
and shall be  competent to contract and to acquired, hold and dispose off property, both
movable and immovable, and to do all other things necessary for the purposes of this Act.

Establishment
of  market
committees.

Bom.
1 of
1904.

(2) The market committee shall be deemed to be a local authority within the meaning of

the term "local authority" as defined in the Bombay General Clauses Act, 1904.

9. (1) A market committee shall consist of the following members, namely :—

(a) six representatives elected by the licensees holding valid licences for carrying on

the specified trade in the market yard ;

Constitution
of  market
committee.

(b) two representatives of the manufactures of the specified commodity or commodities
for which the market or market yard is established, nominated by an association or any
other organisation recognised by the Metropolitan Commissioner in this behalf ;

Provided that, in the absence of any such recognised association or organisation, the
representative of the manufacturers shall be nominated by the Metropolitan Commissioner ;

(c) if the market area includes any part of the area of any Municipal Corporation, or if

the market yard is situated in any part of the area of any Municipal Corporation,—

(i)  the Municipal Commissioner for such Municipal Corporation ; and

(ii) one representative of the Municipal Corporation of that area, elected by the

Councillors of that Corporation, from amongst themselves :

H  162-2

6

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

(d) if the market area includes any part of the area of any Municipal Council or if the

market yard is situated in any part of the area of any Municipal Council,—

(i)  the Chief Officer of such Municipal Council ; and

(ii) one representative of the Municipal Council, elected by the  Councillors, of

that Council, from amongst themselves :

Provided that, where the market area includes any parts of the areas of more than one
Municipal Council or where the market yard is situated in any parts of the areas of more
than one Municipal Council, one representative of the Municipal Councils shall be
nominated by the Metropolitan Commissioner ;

(e) one representative of the labourers engaged in handling commodities in the market
yard nominated by a trade union of such labourers as is recognised by the Commissioner
of labour, Maharashtra State :

Provided that, if there are more than one such trade union or the absence of any
recognised  union, the representative shall be nominated by the Commissioner of Labour ;

(f) one member of the Lok Sabha elected from a constituency of the Lok Sabha or
any part of such constituency, situated within the limits of the market area, nominated
by the State Government ;

(g)  two  members of the State Legislature, not being members of the Metropolitan
Authority, elected from  constituency of the State Legislature, or any part of such
constituency, situated within the limits of the market area or residing in the market area,
nominated by the State Government ;

(h) the Industries Commissioner, Maharashtra State, or his nominee ;

(i) one representative of Railways appointed by the Metropolitan Commissioner, in
constitution with the General Manager of the Railways operating in the market area ;

(j) one representative of the Ministry of Commerce, Government of India, nominated

by that Government ;

(k) one representative of the Transport Commissioner, Maharashtra State ;

(l) one representative of the Metropolitan Authority, other than the Metropolitan

Commissioner, nominated by the Authority ;

(m) the Chief Executive Officer of the Market Committee.

(2) When a market committee  is constituted for the first time, all the members thereof
shall be nominated by the State Government, as provided by sub-section (1) of section 4.

(3) The members shall receive such allowances as may be determined by by-laws for
meeting the personal expenditure in attending the meetings of the committee or standing
committee or any sub-committee or body thereof, or in performing any other functions as
members :

Provided that the allowances payable,—

(i) to a member who is the member of Parliament shall not exceed the compensatory
allowance as defined in the Parliament (Prevention of Disqualifications) Act, 1959,
payable to him ;

10  of
1959.

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

7

(ii) to a member who is the member of the Maharashtra State Legislature shall not
exceed  the  compensatory allowances  permissible to  him under  entry 11  of  the
Maharashtra Legislature Members (Removal of Disqualifications) Act.

Bom.
LII  of
1956.

(4) If any authority, committee, association, union or body fails to elect or nominate
any members, the Metropolitan Commissioner shall give notice to them  in such manner as
he thinks fit, requiring them to elect  or nominate a member or members within one month
from the date of the notice ; and on the failure again to elect or nominate a member or members
within the aforesaid period, the Metropolitan Commissioner shall appoint on behalf to them
or any of them, as the case may be, a person or persons who are qualified to be elected or
nominated, as the case may be, under sub-section (1) as members.

10.

(1) The Executive Committee of the Metropolitan Authority may make regulations
generally to provide for or to regulate all matters relating to elections to be held under this
Act. The power to make regulations shall be exercisable by the Executive Committee subject
to the previous sanction of the State Government as hereinafter provided.

Regulations
for  holding
elections  of
members.

(2) Without prejudice to the generality of the foregoing powers, the Executive Committee

may make regulations with regard to all or any of the following matters, namely :—

(a) the qualifications and disqualifications for voters and candidates for the election ;
(b) the preparation, publication and maintenance of list of voters ;
(c) the fixation of dates, time and place for various stages of election ;
(d) the appointment and duties of returning officers, presiding officers and other staff

for election ;

(e) the nomination of candidates, form of nomination paper, objection to nominations,
scrutiny of nominations and appeals against acceptance or rejection of nomination
papers ;

(f) the deposits to be made by candidates ;
(g) the assignment of symbols to candidates ;
(h) the withdrawal of candidature;
(i) the appointment of agents of candidates ;
(j) the form of ballot paper ;
(k) the procedure in contested and uncontested elections ;
(l) the manner of recording votes ;
(m) the scrutiny of votes, counting or recounting of votes, declaration of results and

procedure in case of equality of votes ;

(n) the custody and disposal of papers relating to elections ;
(o) the circumstances in which poll may be suspended or held afresh ;
(p) any other matter relating to elections under this Act.

(3) (a) The Executive Committee, whenever it desires to make regulations under this

Act, shall by resolution at a special meeting, approve a draft of such regulations.

(b) As soon as possible after such resolution is passed the Executive Committee shall
display the draft of the regulations on the notice-board of the Office of the Chief Executive
Officer and publish a notice in at least two newspapers circulating in the market area and
also in such manner, as may in its opinion, be best calculated to inform the public and all

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[1983 : Mah. XLII

persons likely to be affected by the regulations so displayed and inviting their objections
and suggestions in respect of the proposed draft within a reasonable period to be specified
in such notice.

(4) The Executive committee shall consider the objections and suggestions received, if

any, and may by a resolution approve the final draft to the regulations.

(5) Within seven days of the passing of such resolution, the Chief Executive Officer
shall submit the final draft of the regulations approved under sub-section (4) to the State
Government and the State Government may sanction the regulations sent to it subject to
such modification, if any, as it may think necessary.

Publication
of  names  of
members.

11. The Metropolitan Commissioner shall, by notification in the Official Gazette,
publish the names of all the members of the committee, elected or nominated, as the case
may be, appointed under sub-section (1) of section 9 and the committee shall be deemed to
have been constituted from the date of such publication of names of members :

Disputes  in
respect  of
election  or
nomination
of  members
including
Chairman
and  Vice-
Chairman.

Term  of
office  of
members  of
committee.

Provided that, if for any reason there is failure to elect or nominate a member on the part
of any of the electors or other authority competent to elect or nominate, the committee shall
be deemed to have been duly constituted if the name of two-thirds of the total number of
members of the committee are published  in the Official Gazette, and as regards the names
if the remaining members elected, or nominated or appointed under the provisions of sub-
section (1) of section 9 thereafter, the Metropolitan Commissioner shall subsequently publish
the names of the members in the Official Gazette, as and when, a member is elected or
nominated or, as the case may be, appointed.

12. No election of member (including Chairman and Vice-Chairman) may be called in
question, except by a petition presented to the City Civil Court or the Civil Judge (Senior
Division) within whose jurisdiction the market yard is situated, by a candidate at the election
or by any person entitled to vote at the election, within ten days after the publication of the
names of members in the Official Gazette.

13.

(1) Except as otherwise provided in this Act, the members of a committee (not being
committee constituted for the first time) shall hold office for a period of four years from the
date referred to in sub-section (2) :

Provided that, the State Government may, by an order in the Official Gazette, extend the

term of office of members of any committee for a period not exceeding one year.

(2) The term of office of members of a committee shall be deemed to commence on
the date of the first meeting of the committee held in accordance with the provisons of
sub-section (3).

(3) The first meeting of the committee shall be held on such date as may be fixed by the
Metropolitan Commissioner, or by the Chief Executive Officer if authorised by him by a
general or special order, in that behalf, which date shall be within thirty days from the date
on which the names of members are published in the Official Gazette and the Committee is
constituted in accordance with the provisions of section 11. Such meeting shall be presided
over by the Chief Executive Officer.

 (4) Notwithstanding anything contained in sub-section (3) such meeting shall not be

held before the expiry of the term of office of members of an existing committee.

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
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9

14. Any member of the committee may resign his office by tendering his resignation in
writing to the Chief Executive Officer and such resignation shall be effective on its receipt
by the Chief Executive Officer.

R e s i g n a t i o n
of  members.

15. (1) The Metropolitan Commissioner may by himself or on the advice of the Chief

Executive Officer, remove any member from office if he—

Removal  of
members.

(i) is or becomes subject to any of the disqualifications for becoming a member

specified in the regulations made under section 10 ; or

(ii) is professionally interested or engaged in any case for or against the committee ;

or

(iii) absents himself from four successive meetings of the committee, except with

the leave of absence granted by the committee ; or

(iv) has, in the opinion of the Metropolitan Commissioner, been guilty of or neglect

or misconduct in the discharge of his duties or any disgraceful conduct ; or

(v) has, in the opinion of the Metropolitan Commissioner, become incapable of

performing his duties as a member :

Provided that, no member shall be removed from office unless he has been given a
reasonable opportunity by the Metropolitan Commissioner to show cause why such action
should not be taken against him.

(2) Any person aggrieved by the decision of the Metropolitan Commissioner may within
a period of fifteen days from the date of receipt of the decision of the Metropolitan
Commissioner by him, appeal to the State Government, and the orders passed by the State
Government on such appeal shall be final :

Provided that, no order shall be passed by the State Government in appeal against any

member without giving him a reasonable opportunity of being heard.

16. (1) A casual  vacancy of a member occurring in the committee due to any reason
whatsoever shall be filled by election or nomination or appointment, as the case may be, as
provided in sub-section (1) of section 9, within forty-five days of the occurrence of the
vacancy :

Casual
vacancies.

Provided that, if the vacancy occurs within four months preceding the date on which the
term of office of the member expires, the vacancy shall not, unless the State Government
otherwise direct, be filled.

(2) Where a person becomes or is elected or nominated  or appointed as a member of the
committee by virtue of holding any office or being a member of the Parliament, State
Legislature, any local authority, committee, association or body, whether incorporated or
not, he shall cease to be a member of the committee, as soon as he ceases to be holder of that
office or ceases to be such member, as the case may be.

17.

(1) On the expiry of the term or extended term of office of the members of a committee
as mentioned in sub-section (1)  of section 13, all members of the committee shall vacate
their office :

Provided that, if for any reasons whatsoever, a committee is not constituted in accordance
with the provisions of section 11 before the date of expiry of the term or extended term of
office of the members, then the powers and functions of the committee shall, until a
committee is so constituted, vest in an administrator appointed by the Metropolitan
Commissioner :

Members  to
vacate  office
on  expiry  of
term  and
appointment
o f
administrator.

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[1983 : Mah. XLII

Provided further that, if the appointment of the administrator is likely to continue for a
period of more than three months, the Metropolitan Commissioner shall obtain the approval
of the State Government before continuing such appointment beyond three months.

(2) The  administrator shall receive such monthly salary and allowances from the Market
Fund and shall be subject to such conditions of service as the State Governemnt may from
time to time determine. When a salaried servant of the State Government is appointed as the
administrator, such contribution to his pension, leave and other allowances as may be
required by the conditions of his service under the State Government to be made by him  or
on his behalf, shall be paid to the State Government from the Market Fund.

18. Every Committee shall have a Chairman and a Vice-Chairman who shall be elected
by the members of the committee in accordance with the regulation made under section 10.

19. The term of office of  the Chairman and Vice-Chairman shall be two years from the
date of the election or the remainder of their term of office as members, whichever is less,
but a retiring Chairman or Vice-Chairman shall be eligible for re-election.

20. The committee may, subject to the provisions of by-laws made in that behalf, pay
to the Chairman  and Vice-Chairman an honorarium of such amount as may be specified in
the by-laws :

Provided that, no honorarium shall be payable to any Chairman or Vice-Chairman, if he

is a member of the Parliament or of the State Legislature.

21. Subject to the provisions of sub-section (1) of section 4 the Chairman and the Vice-
Chairman shall be elected in the first meeting of the committee held in accordance with the
provisions of sub-section (3) of section 13 and on the expiry of the term of the Chairman
and the Vice-Chairman under section 19 or, as the case may be, where there is a vacancy of
the Chairman or the Vice-Chairman, they shall be elected by the members in the meeting of
the committee to be called by the Chief Executive Officer, within fifteen days from the date
on which the term has so expired, or, as  the case may be, the vacancy has occured. Such
meeting shall be presided over by the Metropolitan Commissioner.

Election  of
Chariman
and  Vice-
Chairman.

Term  of
office  of
Chairman
and  Vice-
Chairman.

Honorarium
to  Chairman
and  Vice-
Chairman.

Election  of
Chairman
and  Vice-
Chairman.

Resignation
of  Chairman
and  Vice-
Chairman.

22. A Chairman or a Vice-Chairman may resign his office by tendering his resignation
in writing to the Chief Executive Officer and the resignation shall be effective on its receipt
by the Chief Executive Officer.

Removal  of
Chairman
and  Vice-
Chairman.

23. A Chairman or a Vice-Chairman shall cease to hold office, if the committee by a
resolution passed by a majority of not less than two-thirds of the total number of members
of the committee, so decides at a meeting.

Casual
vacancies    in
office  of
Chairman
and  Vice-
Chairman.

24. If the office of the Chairman or the Vice-Chairman becomes vacant due to any reason,

the vacancy shall be filled by election in accordance with the provisions of section 21 :

Provided that, the person so elected shall hold office so long only as the member in whose

place he is elected would have held office, if the vacancy had not occured.

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
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11

25. (1)  On the election of a new Chairman or Vice-Chairman, the outgoing Chairman or
Vice-Chairman, as the case may be, shall immediately hand over charge of their respective
office and all papers and property of the committee to the new Chairman, or as the case may
be, to the Vice-Chairman.

(2) If the outgoing Chairman or Vice-Chairman fails or refuses to hand over charge
of his office and all papers and property of the committee as required under sub-section
(1), the Metropolitan Commissioner or any officer empowered by him in writing in this
behalf may, by order in writing, direct the Chairman or the Vice-Chairman, as the case
may be, to forthwith hand over charge of his office and all papers and property of the
Committee, if any, in his possession as such Chairman or Vice-Chairman to the new
Chairman or Vice-Chairman.

(3) If the outgoing Chariman or Vice-Chairman, to whom a direction has been issued
under  sub-section (2), does not comply with such direction, the Metropolitan Commissioner
or any office authorised by him under sub-section (2), may apply to the Executive Magistrate
within whose jurisdiction the committee is functioning for seizing and taking possession
of papers, funds and property of the committee  in the possession of such Chairman or
Vice-Chariman.

(4) On receipt of an application under sub-section (3), the magistrate may authorise any
police officer, not below the rank of a Sub-inspector of Police, to enter and search any place
where the papers, funds and property are kept or likely to be kept and to seize them and
hand over possession thereof to the new Chairman or Vice-Chairman, as the case may be.

26. For every market committee, there shall be a standing committee, which shall consist

of—

(i)

the Chairman of the committee, who shall also be the Chairman of the Standing

Committee ;

(ii)  the Chief Executive Officer ; and
(iii)  three other members to be elected by the committee, from amongst its members.

27. A committee may by a resolution supported by not less than half the total number of
members of the committee, appoint one or more sub-committees, each consisting of such
number of members of the committee as the committee may determine, so however that the
number of members of a Sub-Committee shall not exceed five.

28. A committee may, by by-laws made for that purpose, delegate any of its powers to
and entrust functions and determine the sphere of duties of the standing committee and the
sub-committees :

Provided that, the committee shall not delegate to the standing committee or any sub-

committee the powers exercisable by it—

(a) under sub-section (2) of section 43 ; or
(b) under section 44 ; or
(c) under section 69.

29. Notwithstanding anything contained in section 28, but except the proviso thereto,
the committee may, by a resolution supported by not less than half the total number of
members of the committee, delegate to the standing committee or a sub-committee such of
its powers or duties as it may deem necessary, for a period not exceeding six months.

Chairman
and  Vice-
Chairman  to
hand  over
charge  of
their
respective
offices  and
consequences
of  refusal  to
hand  over
charge.

Constitution
of  standing
committee.

Appointment
of  sub-
committee.

Powers,
functions, etc.
of  the
standing
committee
and  sub-
committee.

Delegation
of  powers  of
committee  to
standing
committee
and  sub-
committee.

Meetings  and
conduct  of
business  at
meetings.

Members  to
act  during
vacancy,  acts
of  committee
etc.,  not  to
be
invalidated
b y
informalities.

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[1983 : Mah. XLII

30. The meetings, quorum and procedure of the committee, standing committee and

sub-committee shall be regulated in accordance with the by-laws made for the purpose.

31. (1) During any vacancy in a committee, standing committee or any sub-committee,

the continuing members thereof may act as if no vacancy had occured.

(2) No disqualification of, or defect in the election, nomination or appointment of any
person acting as the Chairman or Vice-Chairman or a member of the committee, standing
committee or sub-committee shall vitiate any act or proceeding of the committee, standing
committee or sub-committee, if such act of proceeding is otherwise in accordance with the
provisions of this Act ; and such proceedings of the committee, sanding committee or sub-
committee shall be valid notwithstanding that it is discovered subsequently that some person
who was not entitled to do so sat or voted or otherwise took part in the proceedings, provided
the majority of such person were entitled to act.

(3) No act or proceeding of a committee, standing committee or any of its sub-committees
shall be deemed to be invalid on account of any irregularity in the service of notice upon
any member provided that the proceedings thereof were not prejudicially affected by such
irregularity.

(4) Until the contrary is proved, every meeting of a committee, standing committee or

any sub-committee shall be deemed to have been duly convened and held.

CHAPTER  IV

POWERS AND  DUTIES OF MARKET  COMMITTEE

Power  and
duties  of
Committee.

32.

In additon to the powers conferred and duties imposed upon it by or under this Act,

a committee may—

(1) construct, maintain and manage the market yard including any buildings or structure ;

(2) provide, maintain and manage any instruments or implements required in such yard ;

(3) acquire, hold and dispose of any movable or immovable property ;

(4) grant, renew, refuse, suspend  or cancel licences to carry on a specified trade in the

market yard ;

(5) regulate the entry of persons and vehicular traffic into the market yard ;

(6) collect or maintain, disseminate and supply information in respect of production,

sale, storage, processing, prices and movement  of commodities ;

(7) provide for the licensees and other persons visiting the market, common services
including transport, storage, grading, weighing, restaurants, petrol pumps, and temporary
accomodation for persons visiting the market ;

(8) enforce the provisions of this Act and rules, regulations, by-laws and conditions of

the licences granted under this Act ; and

(9) perform such other functions and duties as may, from time to time, be necessary or

expendient for the purpose of maintaining or managing the market.

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

13

33. Subject to the rules, if any, made by the State Government, a committee may make
by-laws for the grant, renewal, suspension or cancellation of licence for the use of any place
in the market yard for carrying on the specified trade :

Grant  of
licence  to  be
regulated  by
by-laws.

(i) Provided that, all orders, granting, renewing, refusing to grant or refusing to renew,
cancelling or suspending any licence shall be in writing and no order refusing to grant
or renew or cancelling or suspending a licence shall be made without giving the person
concerned a reasonable opportunity of stating his case ;

(ii) the reasons for any such refusal, cancellation or suspension of a licence shall be

recorded in writing ;

(iii) the committee shall not refuse to grant an initial licence to any registered person.

34.

It shall be competent to a committee to levy and collect fees in the manner and at

the rates laid down in the by-laws made,—

Power  of
committee  to
levy  fees.

(i) subject to the provisions of sub-section (2) of section 35, for stalls, offices, shops,

godowns, etc. and open spaces in the market yard ;

(ii) for the grant and renewal of licences ;

(iii) for any common services, amenities and facilities provided or arranged by the

committee ;

(iv) for  the  entry of persons, vehicles and goods into the market yard ; and

(v) for  any other matter for which fee is to be or may be levied and collected by it.

35. (1) Notwithstanding anything contained in clause (3) of section 32, a committee
shall not, except with the previous permission of the State Government, transfer by sale,
lease, exchange, mortgage, or otherwise, any land vesting in it or acquired by it and situated
in the market yard.

(2) Subject to the provisions of sub-section (1), the committee may dispose of by sale,
lease, exchange, mortgage, or otherwise any building, stall, shop, stand, pen or things
attached to the land or permanently  fastened to anything attached to the land, subject to
scuh conditions (including for charging of fees or rent or, compensation for use and
occupation of any building, stall, shop, stand, pen or things attached to the land or
permanently fastened to anything attached to the land where necessary) and such limitations
as may be determined by by-laws made for the purpose.

Provision
regarding
transfer  of
immovable
property  of
committee.

36. (1) Subject to such conditions and limitations as the by-laws may provide, any
licensee holding immovable property or any interest in such property granted to him under
sub-section (2) of section 35 may, with the previous sanction of the committee, transfer
such property or interest by agreement to any person for carrying on a specified trade.

Transfer  of
immovable
property  of
committee
by  the
licensee.

(2) The committee may, for reasons to be recorded in writing, refuse to sanction such

transfer :

Provided that, no order of refusal of such sanction shall be passed, unless the person

concerned is given an opportunity of being heard :

Provided further that, if the committee does not take any decision and communicate the
same to the applicant by letter under certificate of posting, within sixty days from the date
of receipt of application for such transfer, the transfer shall be deemed to have been
sanctioned.
H  162-3

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Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

(3) Any person aggrieved by the decision of the committee may, within one month of
the receipt of  the communication from the  committee in that regard, appeal to the
Metropolitan Commissioner, whose decision on such appeal shall be final.

Execution  of
contacts.

37.

(1) Every contract entered into by a committee shall be in writing and shall be
signed on behalf of the committee by its Chairman, or in the absence of the Chairman by the
Vice-Chairman, and two other members of the committee.

(2) No contract other than a contract executed as provided in sub-section (1) shall be

binding on the committee.

CHAPTER  V
MARKET  FUNDS,  FINANCE ACCOUNTS  AND AUDIT  ETC.

Market
Fund,  its
custody  and
investment.

38.

(1) All money received by a committee under this Act, including all sums realized
by way of licence fees, fines, penalties paid to or levied under this Act (other than fines
imposed by any Court), all proceeds of land or other property sold by committee, all rents
or compensation accruing from land or property, all loans raised by a committee, and all
grants, loans or contributions  made by the State Government to  a committee shall form
part of a fund to be called "the Market Fund".

Purposes  for
which
Market  Fund
to  be
expended.

(2) The amount to the credit of the Market Funds shall be kept or invested in such manner

as may be prescribed.

39.

(1) The Market Fund may be expended for the following purposes, namely :–

(a) acquisition of the site or sites for the market ;

(b) maintenance, development and improvement of the market ;

(c) construction of, and  repairs to, the buildings necessary for the purposes of such

market and for the health and safety of persons using it ;

(d) providing common services, amentities and facilities for persons using the market ;

(e) pay, pension, leave and other allowances, gratuities, compensations for injuries
resulting  from accidents, compenssionate allowances and contributions towards leave
allowances, pensions and provident fund of the officers and servants employed by the
committee ;

(f) payment of allowances and  travelling expenses to the members of the committee,

standing committee and sub-committee ;

(g) payment of an honorarium to the Chairman and Vice-Chairman ;

(h) payment of interest on loan, if any, raised by the committee and the provision for

sinking fund for such loan ;

(i) collection and dissemination of information in respect of production, sale,

purchase, storage, processing, prices and movement of commodities ;

(j) cost of audit, if any, incurred under section 42 ;

(k) carrying out other functions laid down by or under this Act ;

(l) for any other purpose, with the previous approval of the State Government.

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
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15

(2) It shall be lawful for the committee also to incur, with the previous approval of the
State Government, expenditure on works of installations outside the market yard, provided
such a proposal is in furtherance of the object of giving effect to any provisions of this Act
and is approved by one half of the total number of members of the committee.

40. (1) Subject to the provisions of rules made under sub-section (2) of section 38, the
committee may by by-laws made for the purpose, constitute special funds and credit to such
funds such portions of the Market Fund as may be determined by such by-laws. Such special
funds may include,—

Constitution
of  special
funds.

a Depreciation Fund ;

(i)
(ii) a Provident Fund ;
(iii) a Pension Fund ;
(iv) an Employees Welfare Fund ;
(v) a General Reserve Fund.

(2) Every such fund shall form part of the Market Fund and shall be held and applied by

the committee for the purposes for which such fund has been constituted.

41. A committee may, with the previous approval of the State Government, borrow, on
the security of any immovable property vested in the committee or proposed to be acquired
by it under this Act, any moneys for carrying out the purposes of this Act or for servicing
any loan obtained by it, at such rates and on such conditions as the State Government may
determine at the time the moneys are borrowed.

Power  to
borrow.

42. (1) A committee shall keep accounts in such form and in such manner as it may, by

by-laws made in this behalf, determine.

Accounts
and  audit.

(2) The accounts of the committee shall be audited by Chief Auditor, Local Funds
Accounts or by any other auditor appointed by the committee, with the previous approval
of the State Government.

(3) The State Government may, if it thinks necessary, appoint a special auditor to audit

the accounts of a committee.

(4) The auditor or the special auditor, as the case may be, shall submit his report to the
committee and shall forward a copy thereof to the Metropolitan Commissioner and the State
Governement.

( 5) The cost of the audit under sub-section (2)  or (3), if any, shall be borne by the committee.

Budget.

43. (1) The Chief Executive Officer shall prepare, every year, in such form as the
committee may by by-laws made for the purpose determine, an annual budget estimate in
respect of the financial year next ensuing showing the estimated receipts and disbursement
or income and expenditure of the committee, the estimated opening and closing balance of
the Market Fund and special funds, if any, and shall submit it to the committee before the
thirty-first day of January for approval.

(2) The committee shall adopt the budget estimate with such modifications as it may

consider necessary by the first day of March.

(3) The Chief Executive Officer shall before the fifth day of March forward to the
Metropolitan Commissioner for his approval copies of the budget prepared by him and the
budget approved by the committee.

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[1983 : Mah. XLII

(4) If the committee for any reason, fails to adopt the budget by the first day of March,
the Chief Executive Officer shall, before the fifth day of March,submit the budget prepared
by him to the Metropolitan Commissioner for approval.

(5) The Metropolitan Commissioner shall approve the budget with such modifications

as he may consider necessary before the 31st day of March.

(6) The Chief Executive Officer shall forwards a copy of an approved budget to the State

Government.

Reappropria-
tion  of
budget
provisions.

44. The committee may, subject to by-laws, if any, sanction reappropriations within
the budget approved under section 43. A copy of statement of such reappropriation shall be
submitted to the Metropolitan Commissioner and the State Government :

Provided that, no such reappropriation shall be done from the amounts earmarked for the
repayment of any loan or the payment of the interest on any loan and towards contribution
to any fund or funds constituted under section 40.

Application
of  property
Funds,  etc.

45. All property and Market Fund and all other assets belonging to, or vesting in, the
committee shall be held and applied by it, subject to the provisions, and for the purposes of
this Act.

Annual
report.

46. (1) The committee shall cause to be prepared each year an anuual report consisting

of–

(i) a statement of receipts and disbursement for the previous year ;
(ii) a statement of operation of the Market Fund including the special funds, if any,

constituted under section 40 during the previous year ; and
(iii) a report of its activities during the previous year ;
and submit the report to the State Government through the Metropolitan Commissioner

before the thirteen June.
(2) The annaul report shall be laid before each House of the State Legislature, as far as

possible before the expiry of the year next succeeding the year to which it relates.

CHAPTER  VI
ACQUISITION OF LAND

Application
of  the
provisions  of
Chapter  VIII
of  Mah.  IV
of  1975.

47. (1) The acquisition of any land by the State Government for the purposes of this

Act shall be deemed to be a public purpose.

(2) The provisions of Chapter VIII of 1[the Mumbai Metropolitan Region Development
Authority Act, 1974] shall mutatis mutandis, apply in relation to the acquisition of any
land for the purposes of this Act, as they apply in relation to the acquisition of land by the
State Government for the purposes of that Act.

Mah.
IV  of
1975.

CHAPTER  VII
OFFICERS AND SERVANTS OF A MARKET COMMITTEE

Appointment
of  Chief
Executive
Officer.

48. (1) There shall be a Chief Executive Officer for every committee, who shall be

appointed by the State Government.

(2) Every Chief Executive Officer shall be,—

(i) an officer of the State Government on deputation to service under a committee ;

1  These  words  and  figures  were  substituted  for  the  words  and  figures  "the  Bombay  Metropolitan

Region  Development  Authority  Act,  1974"  by  Mah.  25  of  1996,  s.  5.

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
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(ii)

 paid such salary and allowances and other perquisites by the committee as the

State Government may, from time to time, determine ;

(iii) subject to such other terms and conditions of service as the State Government

may determine ; and

(iv) liable to be transferred by the State Government.

(3) On the appointment of an officer of the State Government as the Chief Executive
Officer, such contribution to his pension, leave and other allowances, as may be required by
the conditions of his service under the Government to be made by him, or on  his behalf,
shall be paid to the State Government from the Market Fund.

(4) If at a special meeting of the committee not less than two-thirds of the total number
of members (other than the Chief Executive Officer) who are for the time being entitled to
sit and vote at any meeting of the committee, vote in favour of a resolution requiring the
State Government to withdraw the Cheif Executive officer from office ; the State Government
shall withdraw such officer from service under the committee.

49. (1) Subject to the superintendance, direction and control of the committee, all the

executive functions of the committee shall be exercised by the Chief Executive Officer.

(2) Without prejudice to the provisions of sub-section (1), the Chief Executive Officer

shall,—

(i) supervise the financial and executive administration of the committee and exercise
such powers and perform such duties and functions as may be conferred or imposed upon
him by this Act, or the rules, regulations or by-laws or delegated to him by the committee
under this Act ;

(ii) supervise and control all officers and servants of the committee ;
(iii) be responsible for collection of all sums due to the committee and payment of

all sums payable by the committee ;

(iv) ensure adequate security of all assets and property of the committee ;
(v) be responsible for the proper application of the Market Fund and property
according to the provisions of this Act and rules, regulations or by-laws made thereunder.

(3) The Chief Executive Officer may, with the sanction of the committee, delegated any
of the powers or duties or functions conferred or imposed upon him by or under this Act, to
any officer or servant of the committee.

50.

(1) The committee,—

(a) may, from time to time, create such other posts of officers and servants subordinate

to the Chief Executive Officer, as may be necessary for the purposes of this Act ;

(b) may, from time to time, appoint officers and servants to hold such posts ; and

(c) shall pay such officers and servants such pay, allowances and other perquisites as

it may, from time to time, determine :

Provided that, no post with a pay-scale, the minimum of which exceeds rupees one
thousand per mensem, shall be created by the committee without the pervious approval of
the Metropolitan Commissioner.

(2) The powers and duties of such officers and servants shall be such as the committee,

may, from time to time, by by-laws made for the purpose, determine.

Powers  and
duties  of  the
Chief
Executive
Officer.

Appointment
of  other
officers  and
servants.

18

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

Conditions
of  service  of
officers  and
servants  to
be  regulated
by  by-laws.

51. The Committee may, by by-laws made for the purpose, regulate the recruitment and
the conditions of service of its officers and servants and such by-laws may provide for the
following matters, namely :—

(i) regulating the grant of leave and the payment of leave salary and allowances while

absent on leave ;

(ii) authorising the payment of travelling or conveyance allowance ;

(iii)

regulating the period of service ;

(iv) determining the conditions under which the employees shall receive pension,
gratuity or compassionate allowance and under which heirs of surviving relatives of
employees shall receive such pension, gratuity or compassionate allowance ;

(v) authorising payment of contributions out of the Market Fund to any pension or

provident fund, which may be established for the benefit of the employees ;

(vi) determining subsistence allowance in lieu of pay during the period of suspension

of any employee pending enquiry;

(vii) generally prescribing any other conditions of service of the employees.

CHAPTER  VIII
CONTROL

Inspection,
enquiry,
submission
of statements,
etc.

52. (1) The Metropolitan Commissioner, or any officer authorised by him by general

or special order in this behalf, may,—

(a) inspect or cause to be inspected the accounts and the officers of a committee, the

market yard and any other establishment controlled by the committee ;

(b) hold enquiry into the affairs of a committee ;

(c) call for any return, statement, accounts or report which he may think fit to require

such committee to furnish ;

(d)  call for and examine the proceedings of a committee ;

(e) require a committee to take into consideration—

(i) any objection which appears to him to exist to the doing of anything which is
about to be done or is being done by or on behalf of such committee, and to make a
written reply within a specified or reasonable time stating its reasons for doing such
things; or

(ii) any information which he is able to furnish and which appears to him to
necessitate the doing of a certain things by such committee, and to make a written
reply to him within a specified or reasonable time stating its reasons for not doing
such things ; and

(f) direct that anything which is about to be done or is being done should not be
done, pending consideration of the reply and anything which should be done but is not
being done should be done, within such time as he may direct.

(2) If the committee fails to comply with an order made or direction issued under sub-
section (1), the Metropolitan Commissioner or the office authorised by him may direct the
Chief Executive Officer  to comply with such  order and the Chief  Executive shall
immediately comply with such direction.

V  of
1908.

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

19

53. (1) Any officer, servant or member (including the Chairman and Vice-Chairman) of
a committee shall furnish such information in his possession in regard to the affairs or
proceedings  of  the  committee,  standing  committee  or  any  sub-committee  as  the
Metropolitan Commissioner, or any officer authorised by him or, as the case may be, any
officer authorised by the State Government, may require him so to do.

(2) An officer holding an inquiry into the affairs of the committee or examining the
proceedings under section 52 shall have powers to summon and enforce the attendance of
any officer, servant or member including the Chairman or Vice-Chairman of the committee
and to compel him to give evidence and to produce documents by the same means and as
far as possible in the same manner as is provided in the case of a Civil Court by the Code of
Civil Procedure, 1908. The officer shall thereafter submit a report of the enquiry or
examination so made by him to the State Government.

54. Where the Metropolitan Commissioner or any officer authorised by him has reason
to believe that the books and records of a committee are likely to be tampered with or
destroyed or the funds or property of a committee are likely to be misappropriated or
misapplied, the Metropolitan Commissioner or the officer so authorised may seize and take
possession of such books and records, funds and property of the committee, and the officers,
servants or members (including the Chairman and Vice-Chairman) of the committee
responsible for the custody of such books, records, funds and property shall give delivery
thereof to the Metropolitan Commissoner or the officer so authorised.

Duty  of
officer,
servant  or
member  to
furnish
inforamtion
to Metropolitan
Commissioner,
etc.

Seizure  of
account
books  and
other
documents,
etc.

55. (1) The State Government may, either suo motu or on the recommendation of the
Authority, by an order published in the Official Gazette, supersede a committee if in the
opinion of the State Government,—

Supersession
of  market
committee.

(i) it is not competent to perform duties imposed upon it by or under this Act or any

other law for the time  being in force ; or

(ii) it persistently makes default in the performance of such duties, or in complying
with the lawful direction (including those) arising out of audit of account of the committee
or inspection of the office and work thereof) and orders issued by the State Government,
the Authority, the Metropolitan Commissioner or any other officer empowered by the
State Government or by the Metropolitan Commissioner to issue such directions or orders
to the committee; or

(iii) it execeeded or abuses its powers; or
(iv) the financial position and credit of the committee is seriously threatened ; or
(v) it is necessary or expedient for any other reason which may be considered sufficient

by the State Government :
Provided that, no such order shall be issued by the State Government without giving the

committee an opportunity of rendering an explanation.

(2) Upon publication of an order under sub-section (1), the following consequences shall

ensue, namely :—

(i) all members including the Chairman and the Vice-Chairman shall, from the date

specified in the order, be deemed to have vacated their office ;

(ii) the Chairman and the Vice-Chairman shall forthwith hand over the charge of their
respective office and all papers and property of the committee to the Administrator
appointed under section 56 and the provisions of section 25 shall, mutatis mutandis,
apply in relation to the handing over of charge of office and papers and property of the
committee under this section;

(iii) all  property vested in the committee shall vest in the State Government.

Appointment
o f
Administrator.

20

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

56. (1) When a committee is superseded, the State Government may, by the same order
as issued under sub-section (1) of section 55 or by like order, appoint an Administrator in
the first instance for a period not exceeding one year as the State Government may fix, but
his term of office may be extended by such period or periods not exceeding three years in
the aggregate the State Government may think fit.

(2) The Administrator shall receive such monthly salary and allowances from the Market
Fund and shall be subject to such conditions of service as the State Government may from
time to time determine. When a salaried servant of the State Government is appointed as the
Administrator such contribution to his pension, leave and other allowances as may be required
by the conditions of his service under the State Government to be made by him or on his
behalf, shall be paid to the State Government from the Market Fund.

Powers  of
Administrator.

57. (1) When an Administrator is appointed under section 56, during his term of office
all the powers vesting in or exercisable by, and the duties and functions imposed on the
committee, the standing committee, the Chairman, the Vice-Chairman and  the sub-
committees, if any, by or under this Act, or any other law for the time being in force, shall
vest in and be exercised or, as the case may be, be performed by the Administrator.

(2) The Chief Executive Officer shall be subordinate to the Administrator and the
Administrator may delegate such powers and entrust such duties to the Chief Executive
Officer as he may think necessary.

Re-
establishment
of committee.

58. (1) Within one month before the expiry of the term or the extended term of the
Administrator, elections shall be held to elect members or steps shall be taken to nominate
members so as to re-establish and constitute the committee in accordance with the provisions
of sections 9 and 11.

(2) Notwithstanding anything contained in section 56,  the term of office  of the
Administrator shall be deemed to  extend to, and expire with, the date immediately preceding
the date of the first meeting of the committee so re-established and constituted.

CHAPTER  IX
APPEALS AND  REVISION

Appeals.

59. (1) Save as otherwise provided in section 5, section 6, sub-section (2) of section 15
and subject to the provisions of section 60, an appeal from every original order passed under
this Act or the rules, regulations or by-laws made thereunder shall lie,—

(i) if the order is made by an officer other than the Chief Executive Officer, to the

Chief Executive Officer ;

(ii) if the order (other than an order made in appeal) is made by the Chief Executive

Officer, to the standing committee ;

(iii) if the order (other than an order made in appeal) is made by the standing

committee, to the committee ;

(iv) if the order is made by a committee, to the Metropolitan Commissioner.

(2) In the case of an order passed in appeal by the committee,  a second appeal shall lie

to the Metropolitan Commissioner.

(3) No appeal or second appeal may be entertained unless it is filed within a period of

thirty days from the date of receipt by the applicant of the order appealed against :

1983 : Mah. XLII]

Provided that,—

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

21

(i) in computing the period of thirty days, the time required to obtain a copy of the

decision or order appealed against shall be excluded ;

(ii) the appellant authority may, for good and sufficient reasons to be recorded in

writing, condone delay (not exceeding thirty days), if any, in filling an appeal.
(4) No order shall be passed in any appeal filed under sub-section (1), (2) or (3) unless
the appellant is given an opportunity of standing his case; and every order passed in appeal,
shall, subject to the provisions of sub-section (2), section 61 and section 62, be final and
conclusive.

60. No appeal and no application for revision shall lie against,—

(i) any notice issued under this Act or the rules, regulations or by-laws, including a
notice issued upon a licensee to show cause why his licence should not be suspended or
revoked ; or

(ii) an order pertaining to the seizure or retention of account books, registers and

Non-
appealable
orders.

other documents ; or

(iii) an order sanctioning a prosecution under this Act.

61. (1) The State Government may, on its own motion, or on receipt of a report under
section 53, or on an application made by an affected person, call for the record of any case
which has been decided under this Act or the rules, regulations and by-laws made thereunder
by a committee or the Metropolitan Commissioner or any officer and in which no appeal
has been filed or an appeal, if any, is filed and disposed of ;  if it appears to the State
Governemnt that such committee or the Metropolitan Commissioner or officer,—

Power  of
State
Government
to  call  for
record  of
any  case.

(a) has exercised a jurisdiction not vested in it or him by law ; or
(b) has  failed to exercise a jurisdiction vested in it or him ; or
(c) has acted in the exercise of its or his jurisdiction illegally or with material

irregularity,

the State Government may make such order in the case as it thinks fit.

(2) No order shall be passed under this section which adversely affects any person, unless

such person has been given a reasonable opportunity of rendering an explanation.

(3) No such record shall be called by the State Government after one year from the date

of the passing of the order.

(4) The order passed by the State Government under this section shall be final and

conclusive.

62.

Save  as otherwise expressly provided by or under this Act, every order made by
any authority under this Act shall be final and conclusive and shall not be called in question
in any Court by a suit, application or otherwise.

Finality  of
order.

63. No Civil Court shall have jurisdiction to entertain, to decide or to deal with any
question (in any suit, appeal, application or other proceeding) which is by or under this Act
to be decided or dealt with by the State Government, or a committee, or any officer under
this  Act, and in respect of which the decision or order of the State Government, committee
or officer has been made final and conclusive ; and no injunction shall be granted by any
Court or other authority in respect of any action taken in pursuance of any power conferred
by or under this Act.

Bar  of
jurisdiction.

22

Offence  and
penalties.

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

64. (1) Whoever,—

(a) contravenes any provisions of clause (1) of section 7, or
(b) except for reasons beyond his control contravenes the provisions of sub-section (1)

of section 25, or

(c) voluntarily obstructs the Metropolitan Commissioner or any officer authorised
by him in carrying out an inspection under clause (a) or holding an enquiry under
clause (b) of section 52, or

(d) knowingly fails to comply with any requisition made or wilfully furnishes false
return, statement, account, return or proceedings, under clause (c) or (d) of section 52, or
(e) wilfully neglects or refuses to furnish any information or wilfully furnishes false

information under section 53, or

(f) voluntarily obstructs the Metropolitan Commissioner or any officer authorised
by him, seizing or taking possession of any books, records, funds and property of the
committee  or intentionally   fails to give  delivery thereof to  such  person under
section 54, or

(g) aids or abets any person in the commission of any act specified in clauses (a)

to (f)—

shall, on conviction, be punished—

(i) when the offence is under clause (a) or (b), with simple imprisonment for a term
which may extend to one month or with fine which may extend to five hundered rupees
or with both ;

(ii) when the offence is under clause (c), (d, (e) or (f), with simple imprisonment for
a term which may extend to three months or with fine which may extend to one
thousand rupees or with both ;

(iii) when the offence is under clause (g), with the same punishment as is provided

for the offence aided or abetted ;

(iv) when the offence is under clause (a) is continuing one, after first conviction,
with a further daily fine not exceeding one hundred rupees during the period of
continuance of the offence.

(2) If it appears to the Magistrate taking cognizance of an offence under clause (a) of
sub-section (1), on taking such evidence as he may deem necessary, that the accused person
is carrying on any specified trade in a market area in contravention of any provisions of
sub-section (1) of section 7, he may order,—

(i) that the stock of the commodity in respect of which such specified trade is carried

on, be seized and kept in the custody of the committee ; or

(ii) where it is not practicable to seize the stock and keep it in such custody that the
accused person shall not remove, part with or otherwise deal with the stock, except with
his previous permission, until the complaint is finally disposed off ; and

(iii) that the accused person shall not carry on the specified trade in the market area
in contravention of the provisions of sub-section (1) of section 7, until the complaint is
finally disposed of ;

(3) Where any such accused person has been convicted for contravention of the
provisions of sub-section (1) of section 7, the stock of commodity in respect of which any
order is made under sub-section (2) may be forfeited to the State Government ; and in case
where such person is acquitted or discharged the stock, if it is seized and kept in the custody
of the committee, shall be returned to him.

Offence  by
companies.

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

23

65. (1) Where an offence under this Act has been committed by a company, every person
who at the time offence was committed, was in charge of, and was  responsible to, the company
for the conduct of the business of the company, as well as the company, shall be deemed to
be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that, nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Act, if he proves that the offence was committed without
his knowledge or that he has exercised all due dilligence to prevent  the commission of
such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this
Act has been committed by a company, and it is proved that the offence  has been committed
with the consent or connivance of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.

Explanation.—For the purpose of this section—

(a) "company" means a body corporate and includes a firm, association of persons

or body of individuals, whether incorporated or not, and

(b) "Director", in relation to firm, means a partner in the firm and in relation to any
association of persons or body of individuals, means any member controlling the
affairs thereof.

66. (1) No Court shall take cognizance of any offence punishable under this Act, except
with the previous sanction of the Metropolitan Commissioner or the Chief Executive Officer
or any person authorised by the Metropolitan Commissioner or the Chief Executive Officer,
by general or special order, in this behalf.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an

offence under sub-section (1) of section 64 shall be cognizable and bailable.

(3) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrtae of the

II  of
1974.

first class shall try an offence punishable under this Act.

Cognizance
and  trial  of
offences.

67. (1) The Chief Executive Officer may, either before or after the institution of
proceedings for any offence (other than an offence under clause (a) of sub-section (1) of
section 64) punishable under this Act, with the approval of the Metropolitan Commissioner,
accept from any person charged with such offence by way of composition of the offence a
sum not less than the amount of the maximum fine and not more than double the amount of
the maximum fine for the relevant offence mentioned in section 64, as he may determine.
(2) On payment of such sum as may be determined by the Chief Executive Officer under
sub-section (1), no further proceedings shall be taken against the accused person in respect
of the same offence, and any proceedings, if already taken, shall stand abated, and the accused
person, if in custody, shall be discharged.

compounding
of  offence.

CHAPTER  X
RULES AND BY-LAWS

68. (1) The power to make rules under this Act shall be exercisable by the State

Government by notification in the Officail Gazette.

(2) Without prejudice to any power to make rules contained elsewhere in this Act, the
State Government may make rules consistent with this Act generally to carry out the purposes
of this Act; and such rules may include rules for levy of fees for any of the purposes of this
Act and for refund of any such fees or any part thereof.

Power  to
make  rules.

Power  of
committee  to
make  by-
laws.

24

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

(3) All rules made under this Act shall be subject to the condition of previous publication.

(4) Every rule made under this section shall be laid, as soon as may be, after it is made,
before each House of the State Legislature, while it is in session for a total period of thirty
days, which may be comprised in one session or in two successive sessions, and if, before
expiry of the session in which it is so laid or the session immediately following, both the
Houses agree in making any modification in the rule or both the Houses agree that the rule
should not be made, and notify their decision to that effect in the Official Gazette, the rule
shall, from the date  of  publication of such notification in the Official Gazette, have effect
only in such modified form or be of no effect, as the case may be ; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously
done or omitted to be done under that rule.

69. (1) The power to make all by-laws under this Act shall be exercisable by the
committee, subject to the previous sanction of the State Government as hereinafter provided.

(2) Without prejudice to any power to make by-laws contained elsewhere in the Act,
any committee may make by-laws consistent with this Act and the rules made thereunder
for the administration of its affairs and for the guidance of its standing committee, sub-
committees, officers and servants.

(3) (a) The committee, whenever it desires to make by-laws under this Act, shall, by a

resolution at a special meeting, approve a draft of such by-laws.

(b) As soon as possible after such resolution is passed, the committee shall display
the draft of the by-laws on its notice-board and publish a notice in at least two newspapers
circulating in the market area and also in such manner as may in its opinion, be best
calculated to inform the public and all persons likely to be affected by the by-laws so
displayed and inviting their objections and suggestions in respect of the proposed draft
within a reasonable period to be specified in such notice.

(4) The committee shall consider the objections and suggestions received, if any, and

may by a resolution approve the final draft of the by-laws.

(5) Within seven days of the passing of such resolution the Chief Executive Officer shall
submit the final draft of the by-laws approved under sub-section (4) to the Metropolitan
Commissioner who shall send it with his recommendations to the State Government. The
State Government may sanction the by-laws sent to it subject to such modifications, if any,
as it may think necessary.

CHAPTER  XI

MISCELLANEOUS

Power  of
State
Government
to  amend
Schedule.

70. (1) The State Government may, either suo motu or on the recommendation of the
Authority to that effect, by notification in the Officail Gazette, add to, amend or cancel any
entry in respect of any commodity or class of commodities in the Schedule.

(2) Before the publication of a notification under sub-section (1), the State Govermment,
or as the case may be, the Authority shall cause to be published in the Official Gazette and
also in at least two newspapers circulating in the Bombay Metropolitan Region, a notice
announcing the intention of Govermment, or as the case may be, of the Authority to make
recommendation, to issue such notification, and inviting all persons who entertain any

1983 : Mah. XLII]

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

25

objection to the said proposal to submit the same in writing with the reasons therefor, to
Government, or as the case may be, the Authority within one month from the date of the
publication of the notice in the Official Gazette, and the Authority shall forward to
Government along with its recommendation as aforesaid, the objection, if any, received by
it. Where the Authoruity has published the proposal for inviting objections, it shall not be
necessary for the State Government to publish the same proposal again for inviting the
objections.

(3) No such notification as aforesaid shall be issued by the State Government, unless

the objection, if any, so received or forwarded are in its opinion insufficient or invalid.

71. The Chariman, Vice-Chairman, members, Chief Executive Officer and other officer
and servants of committee shall be deemed when acting or purporting to Act in pursuance
of the provisions of this Act or the rules, regulations or by-laws made thereunder, to be
public servants within the meaning of section 21 of the Indian Penal Code.

V  of
1860.

72. No suit, prosecution or other legal proceeding shall lie against any Chairman, Vice-
Chariman, members, officers or servants of a committee, or against the State Government or
the Authority, the Metropolitan Commissioner or any officer of the State Government or
the Authority, for anything which is in good faith done or intended to be done under this
Act, or any rule, regulation or by-law made thereunder.

73. (1) Every sum due from a committee to the State Government shall be recoverable

as an arrear of land revenue.

(2) Any sum due to a committee on account of any charge, costs, expenses, fees, rent,
compensation or on any other account under the provisions of this Act or any rule, regulation
or by-law made thereunder shall be recoverable from the person from whom such sum is
due, in the same manner as an arrear of land revenue.

Chairman,
Vice-
Chairman,
members,
Chief
Executive
Officer  and
other  officers
and  servants
of  committee
to  be  public
servants.

Protection  of
action  taken
in  good
faith.

Recovery  of
sum  due  to
Government
or committee.

74. The State Government may, by notification in the Official Gazette, and subject to
such conditions, if any, as it may think fit to impose, delegate all or any of the powers conferred
upon it,  by or under this Act, except the power  to make rules, to the Metropolitan
Commissioner or to any other officer or person ; and delegate any of the powers, duties or
functions of the Metropolitan Commissioner by or under this Act to any other officer of the
Authority, specified in the notification.

Power  to
delegate.

Bom.
LVII
of 1947.

75. The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947,—

(a) shall not apply to any premises belonging to, or vesting in, the committee under

or for the purpose of this Act ;

Non-
applicability
of  Bom.
LVII  of
1947.

(b) shall not apply as against the committee to any tenancy, licence or other like

relationship created by the committee in respect of any such premises ;

(c) but shall apply to any premises let or given on licence, to the committee.

26

Mumbai  Metropolitan  Region  Specified
Commodities Markets (Regulation
of Location) Act, 1983

[1983 : Mah. XLII

Removal  of
difficulties.

76. If any difficulty arises in giving effect to the provisions of this Act, the State
Government may, as occassion requires, by order do anything which appears to it to be
necessary for the purposes of removing the difficulty :

Provided that, no order shall be made under this section after the expiry of two years

from the date of publication of this Act in the Official Gazette.

SCHEDULE

[Sections 2 (16) and 70]

1. Textiles, that is to say, textile goods of all kinds, but excluding ready-made garmernts

made from cloth.

2. Iron and Steel.

H-162-3360-11.13

PRINTED  AT  GOVERNMET  PRESS,  KOLHAPUR.

Maharashtra  Government  Publications
can  be  obtained  from–

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GOVERNMENT  PHOTOZINCO  PRESS  BOOK  DEPOT
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